IMPORTANT POINT
Duty and responsibility of writ Court.

JUDGMENT

R.M. Lodha, J.-This appeal raises the question pertaining to cancellation of allotment of Government Accommodation Nos. 1 and 2, Civil Lines, Ballia (U.P.) (hereinafter referred to as “Government accommodation”).

2. Martyrs Memorial Trust (Shaheed Smarak Nyas), the first appellant, a public charitable trust (for short “the Trust”), was constituted by a deed of declaration dated June 5, 1997. The preamble of the Deed of Trust records that the people of India suffered immensely under the British Rule for more than two hundred years and at the call of Mahatma Gandhi, thousands of men and women from different walks of life joined the National Freedom Movement and directly associated themselves with various constructive programmes. It was decided to constitute a public charitable trust in the fond memory of the martyrs and freedom fighters hailing from Ballia and eastern Uttar Pradesh with a view to perpetuate their names and strengthening the task of nation building.

3. On August 19, 1992, the then Prime Minister of India Mr. P.V. Narasimha Rao, on the occasion of Golden Jubilee Celebration of the Quit India Movement of 1942 at Ballia, had announced while addressing a meeting at Jayaprakash Nagar, the birth place of Shri Jayaprakash Narayan, that a sum of rupees one crore would be made available by the Government of India for the construction of Shaheed Smarak (Martyrs Memorial) at Ballia. The then Chief Minister of Uttar Pradesh also announced a sum of Rs. 25 lakhs for this purpose.

4. In order to ensure the establishment of Shaheed Smarak at Ballia, the Ministry of Human Resources & Development nominated Shri Chandra Shekhar as the President and some freedom fighters and other including ex-officio trustees to look after various aspects of the Trust.

5. The aims and objectives declared in the trust deed, inter alia, provide for the Trust to be a centre for perpetuating the memory of the martyrs and freedom fighters and for carrying on such constructive activities as may be beneficial to the surviving freedom fighters and their dependents; to collect, preserve, publish and distribute various records, plans, books, writings, lectures, letters, correspondence, teachings and messages of the martyrs and freedom fighters together with their autobiographies, biographies, anecdotes and reminiscence highlighting their feelings and sentiments against British Tyranny and strong determination for the independence of the country; to set up, maintain and run museum where various relics, objects of veneration photographs, paintings, sketches, articles and things connected with the history of struggle for independence have to be preserved; to establish rapport with various educational institutions and Government organizations, public undertakings and private enterprises for the admission in different courses of studies and subsequent absorption for employment of the children and freedom fighters on some reservation basis and to motivate, encourage and assist people of different age groups regardless of caste, creed, religion and sex for their active participation in various types of suitable sports for them and to provide necessary coaching facilities for the same.

6. The Deed of Trust also provides that the management and control of the Trust and the Trust properties shall vest in the Board of Trustees which shall comprise of not less than three nor more than fifteen trustees including the Chairman and Managing Trustee. Shri Chandra Shekhar, Shri Narayan Dutt Tiwari and the Secretary, Culture, Government of India were first three trustees; Shri Chandra Shekhar being the Chairman. In addition to the above, the Secretary, Culture, Government of Uttar Pradesh, the Accountant General, U.P (or their respective nominees) and District Magistrate, Ballia are made ex-officio trustees and they hold their office as long as they continue in the same capacity.

7. Clause 11 of the Deed of Trust provides for appointment of new trustees. Power to